Постановление Европейского суда по правам человека от 17.06.2010 «Дело Колесник (Kolesnik) против России» [англ.]

her detention after that date was unlawful. The first applicant was neither summoned to the hearing nor released. The administration of remand prison IZ-77/6 appealed.
48. On 28 February 2008 the Moscow City Court examined the appeal, set aside the decision of 11 January 2008 and delivered a new decision. The appeal court held that the time-limits provided in Article 109 of the Code of Criminal Procedure did not apply to the first applicant since she had not been charged with an offence within the territory of Russia. At the same time, since the order of the Dorogomilovskiy District Court provided no time-limits for her detention, her complaint should be dismissed.

3. Subsequent decisions concerning the first
applicant's detention

49. On 19 February 2008 the Dorogomilovskiy District Court of Moscow again ordered the first applicant's detention pending extradition proceedings, although by that time she had already been detained for several months. The decision did not set time-limits and did not refer to Articles 108 or 109 of the Code of Criminal Procedure. The first applicant appealed against the order.
50. On 19 March 2008 the Moscow City Court dismissed the appeal and upheld the decision of 19 February 2008. No time-limits were fixed for the first applicant's detention.

4. The first applicant's release

51. On 11 August 2008 the Moskovsko-Smolenskiy Office of the Transport Prosecutor ordered the release of the first applicant in accordance with the instructions of the Office of the Prosecutor General, on the basis of the Supreme Court's decision of 17 July 2008 setting the time-limit for her detention at 8 August 2008.
52. On 12 August 2008 the first applicant was released, having spent eleven months and twenty-five days in custody.

II. Relevant domestic and international law and practice

A. Relevant domestic law

53. For a recent summary of the relevant Russian law and practice on issues of extradition of foreign nationals see Khudyakova v. Russia, No. 13476/04, §§ 33 - 48, 8 January 2009.

B. Relevant international materials concerning
the human rights situation in Turkmenistan

54. For an overview of relevant international reports about the situation in Turkmenistan prior to the end of 2006, see Ryabikin v. Russia, No. 8320/04, §§ 91 - 98, 19 June 2008. The reports cited in that judgment referred to persecution of ethnic minorities including Russians, violations of the principle of a fair trial, widespread use of torture by the police, intolerable conditions of detention and lack of access to detainees by independent bodies, lawyers and relatives. Various intergovernmental and non-governmental organisations characterised the human rights situation in Turkmenistan as "disastrous", "abysmal" and "one of the worst totalitarian systems in the world".
55. The latest developments in Turkmenistan following the coming to power of a new president at the end of 2006 are described as follows. The Freedom House wrote in its report "The Worst of the Worst 2009" - Turkmenistan, 3 June 2009:
"The judicial system is subservient to the president, who appoints and removes judges without legislative review. The authorities frequently deny rights of due process, including public trials and access to defense attorneys. Prisons suffer from overcrowding and inadequate nutrition and medical care, and international organizations are not permitted to visit."
56. The Amnesty International Report 2009 - Turkmenistan, 28 May 2009 concluded:
"There was pervasive impunity for police, security services and other government authorities. ...
Discrimination against ethnic minorities continued and was manifested clearly through restricted access to wor

> 1 2 ... 3 4 5 6 ... 12 13 14